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CHISM v. KOEHLER

No. M-74-29CA-2.

392 F.Supp. 659 (1975)

Enoch D. CHISM, Petitioner, v. Theodore KOEHLER, Individually and as Warden of Marquette Branch Prison, Respondent.

United States District Court, W. D. Michigan, N. D.

April 18, 1975.

Attorney(s) appearing for the Case

Peter H. Shumar, Marquette, Mich., for petitioner.

William S. Easton, A.C.L.U., Marquette, Mich., amicus curiae.

Joel M. Shere, A.C.L.U., Detroit, Mich., amicus curiae.

Frank J. Kelley, Atty. Gen., Patrick O. Landy, Asst. Atty. Gen., Lansing, Mich., for respondent.

OPINION

RALPH M. FREEMAN, District Judge.

This is a petition for a Writ of Habeas Corpus by Enoch D. Chism who has been convicted of first-degree murder in connection with the death of one Mrs. Nola Puyear. The decedent was killed on August 18, 1967 as she opened a package which had just been delivered to her through the mail. It was an innocent looking package marked "books", but which in fact contained an explosive device. Trial evidence showed that the...

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